This content is current only at the time of printing. This document was printed on 31 January 2023. A current copy is located at https://apvma.gov.au/node/268
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Notice to attend, give information or produce documents or items
Notices to attend, give information or produce documents or items are issued under section 130 of the Agvet Code.
The Australian Pesticides and Veterinary Medicines Authority (APVMA) can issue a notice to require a person to appear before an inspector to answer questions, or to give an inspector information or documents if we have reasonable grounds to believe you possess information relevant to the administration or enforcement of the Agvet Code.
How to comply
Under section 130 of the Agvet Code, the APVMA has certain obligations when issuing a notice to attend, give information or produce:
- We must serve you with the notice
- The notice must be signed by the APVMA Chief Executive Officer
- The notice must specify a timeframe in which you must comply
- If the notice requests that you attend in person, it must include the location and advise that you may be accompanied by a lawyer
- The notice must explain the consequences of non-compliance under section 130B of the Agvet Code and explain effect of section 130 regarding self-incrimination
The notice will require you to:
- give information specified in the notice
- produce any document or object specified in the notice
- appear before a specified inspector to answer questions.
Non-compliance with a notice
Under section 130B of the Agvet Code if the person fails to comply with the issued notice they are committing an offence. The penalty for each offence is 30 penalty units, imprisonment for 6 months, or both.
It is an offence to provide false or misleading information in response to a notice to attend, give information and produce documents or items.
We can withdraw a notice at our discretion. We may decide to do so if we receive additional information that resolves our concerns.
Publication and disclosure
A court is able to compel us to disclose the information we hold
While we do not usually publish the details of notices to attend, give information or produce documents or items, we may do so if it is in the public interest or for the purposes of law enforcement. Occasionally the APVMA may publish statistics about the issue of notices.
We do not disclose confidential commercial information or private information.